Dupont claimed that in the course of his arrest related to a fight in 2007, the deputy sheriff permanently injured his neck. Dupont’s charges were later dismissed. Walker denied causing Dupont any neck problems.

While handcuffed inside police vehicle, Dupont kicked the inside of the patrol car after Walker failed to return to adjust the man’s handcuffs.

When the deputy did return to Dupont, he “placed one hand over Dupont’s mouth and one hand behind the back of (his) neck, clawing Dupont’s face screaming, “Don’t you spit on me,” according to materials submitted by Dupont’s lawyers.

Walker claims Dupont repeatedly spat on him, as he tried to fasten Walker’s seat belt. He also acknowledged putting pressure on the base of his jaw, which prompted Dupont to thrash around. The moment lasted a few seconds, according to Walker’s attorneys.

Dupont says he couldn’t go back to work as a carpenter since grappling with Walker.

In 2012, a jury returned a verdict for the Jasper County Sheriff’s Office, the only defendant left in the case.

Dupont’s appeal dwells on whether it was fair for the jury to have been told about a car accident that happened shortly after the Jasper County incident, since, Dupont argues, there was no proof the accident made his neck injury worse.

Another issue is whether it was unfair to note that Dupont had to appear in General Sessions court in Beaufort County for an unrelated drug charge on the day of his confrontation with Walker.

The hearing, which was scheduled for Wednesday, has been postponed, because one of Dupont’s lawyers, Clifford Bush, received a military order from the U.S. Army to report to duty at the start of the month.